习近平法治思想指导下国内法治与涉外法治的统筹推进——基于中国式现代化法治国家的构建视角

The Integrated Promotion of the Rule of Law at Both the National and Foreign-related Levels under the Guidance of Xi Jinping Thought on the Rule of Law-Perspectives on Constructing a Chinese Path to Modernization on the Rule of Law

作为新时代习近平法治思想的重要组成部分,统筹推进国内法治与涉外法治是在准确把握国际国内两个大局的基础上,又立足法治中国建设的实践进程和面临的风险挑战,为更好地维护国家主权、安全和发展而提出的,对中国式现代化法治国家构建有着积极作用。既符合时代发展逻辑,更能加快法治中国建设步伐,有助于国际法治朝着良性轨道发展,是内蕴开放性、包容性和多元性理念的关键选择。统筹推进国内法治与涉外法治,应当在习近平法治思想指导下,以党的二十大精神为指引,以构建中国式现代化法治国家为出发点和落脚点,以厘清国内法治与涉外法治间的相互关系为基本逻辑,以明晰与完善国内国际双重法律规制为具体实践路径。不仅要重点解决国内法治与国际法治的良性对接问题,完善国内法律体系以应对国际法治变革,更要认真审视国际法律规范在我国域内的适用,积极推动国际法规则的发展演进。

As an important part of the Xi Jinping Thought on the rule of law in the new era,the process of integrating the rule of law at the national and foreign-related levels plays an important role in the construction of a modern Chinese-style rule of law state.It is proposed for better safeguarding national sovereignty,security and development pattern on the basis of accurately grasping the international and domestic overall situations,and the practical process and risks and challenges of the construction of China under the rule of law.It is not only the correct choice in line with the logic of the times,but also the key choice for accelerating the pace of the construction of China under the rule of law and for promoting the development of the rule of law at the international level towards a benign trajectory with the concepts of openness,inclusiveness and plurality.Under the guidance of Xi Jinping thought on the rule of law,the integrated promotion of the rule of law at the national and foreign-related levels should be guided by the spirit of the report of the Twentieth National Congress of the Communist Party of China(CPC),with the construction of a modernised rule of law country of the Chinese style as the starting point and landing point,the interrelationship between the rule of law at both national and foreign-related levels as the basic logical structure,and the clarification and improvement of the dual domestic and international legal regulation as the specific practical path.On the one hand,it focuses on solving the problem of benign connection between the domestic rule of law and the international rule of law,and perfecting the domestic legal system that is sufficiently adapted to the changes in the international rule of law;on the other hand,it carefully examines the application of the international law in China’s territory,and positively contributes to the development of the rules of international law on the basis of the principle of fulfilling the international obligations in good faith and the principle of international cooperation.